Florida Senate - 2024 (PROPOSED BILL) SPB 7006
FOR CONSIDERATION By the Committee on Regulated Industries
580-00911-24 20247006pb
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.0713, F.S., which
4 provides an exemption from public records requirements
5 for certain information held by a utility owned or
6 operated by a unit of local government; removing the
7 scheduled repeal of the exemption; amending s.
8 286.0113, F.S., which provides an exemption from
9 public meetings requirements for certain portions of
10 meetings held by a utility owned or operated by a unit
11 of local government; removing the scheduled repeal of
12 the exemption; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (5) of section 119.0713, Florida
17 Statutes, is amended to read:
18 119.0713 Local government agency exemptions from inspection
19 or copying of public records.—
20 (5)(a) The following information held by a utility owned or
21 operated by a unit of local government is exempt from s.
22 119.07(1) and s. 24(a), Art. I of the State Constitution:
23 1. Information related to the security of the technology,
24 processes, or practices of a utility owned or operated by a unit
25 of local government that are designed to protect the utility’s
26 networks, computers, programs, and data from attack, damage, or
27 unauthorized access, which information, if disclosed, would
28 facilitate the alteration, disclosure, or destruction of such
29 data or information technology resources.
30 2. Information related to the security of existing or
31 proposed information technology systems or industrial control
32 technology systems of a utility owned or operated by a unit of
33 local government, which, if disclosed, would facilitate
34 unauthorized access to, and alteration or destruction of, such
35 systems in a manner that would adversely impact the safe and
36 reliable operation of the systems and the utility.
37 3. Customer meter-derived data and billing information in
38 increments less than one billing cycle.
39 (b) This exemption applies to such information held by a
40 utility owned or operated by a unit of local government before,
41 on, or after the effective date of this exemption.
42 (c) This subsection is subject to the Open Government
43 Sunset Review Act in accordance with s. 119.15 and shall stand
44 repealed on October 2, 2024, unless reviewed and saved from
45 repeal through reenactment by the Legislature.
46 Section 2. Subsection (3) of section 286.0113, Florida
47 Statutes, is amended to read:
48 286.0113 General exemptions from public meetings.—
49 (3)(a) That portion of a meeting held by a utility owned or
50 operated by a unit of local government which would reveal
51 information that is exempt under s. 119.0713(5) is exempt from
52 s. 286.011 and s. 24(b), Art. I of the State Constitution. All
53 exempt portions of such a meeting must be recorded and
54 transcribed. The recording and transcript of the meeting are
55 exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I
56 of the State Constitution unless a court of competent
57 jurisdiction, following an in camera review, determines that the
58 meeting was not restricted to the discussion of data and
59 information made exempt by this section. In the event of such a
60 judicial determination, only the portion of the recording or
61 transcript which reveals nonexempt data and information may be
62 disclosed to a third party.
63 (b) This subsection is subject to the Open Government
64 Sunset Review Act in accordance with s. 119.15 and shall stand
65 repealed on October 2, 2024, unless reviewed and saved from
66 repeal through reenactment by the Legislature.
67 Section 3. This act shall take effect October 1, 2024.